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HomeMy WebLinkAboutRES NO 007-09 1 Res.60 0 7 - 0 9 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF BAKERSFIELD WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21548 (Pre-Retirement Option 2W Death Benefit) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this r feren de a rt eof. _AF By: Presiding ffice M"or- G +11 of ~'x~.ker$-~ ~Cd or'laefocl Title Date adopted and approved O~ ~ AKF9s (Amendment) CON-302 (Rev. 4/96) m U O ORIGINAL. HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on January 28, 2009, by the following vote: a4in~_ Q- m6uo*~ CITY CLERK and EX OFFICIO gVERK of the Council of the City of Bakers 'eld APPROVED: _O ( g /09 k f HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED s to form: VIRGINI GENNA CITY AT ORNEY of the City of Bakersfield RETURN ADDRESS: 4gAKF9 os~ r U p ORIGINAL S Ilk" Ca1PERS EXHIBIT California Public Employees' Retirement System AMENDN NT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Bakersfield The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective August 1, 1944, and witnessed July 17, 1944, and as amended effective January 1, 1950, November 1, 1957, October 1, 1958, April 1, 1965, October 1, 1967, January 1, 1971, June 26, 1972, January 22, 1973, May 23, 1973, September 19, 1973, April 24, 1974, January 1, 1977, September 25, 1978, March 23, 1979, October 3, 1983, June 6, 1992, April 15, 1993, February 20, 1995, February 19, 1997, November 20, 1999, May 26, 2001, July 15, 2002, December 1, 2003 and December 20, 2008 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 16 are hereby stricken from said contract as executed effective December 20, 2008, and hereby replaced by the following paragraphs numbered 1 through 16 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members entering membership in the miscellaneous classification on or prior to December 20, 2008, agE: 55 for local miscellaneous members entering membership for the first time in ~pK the miscellaneous classification after December 20, 2008 and age 50 for local safety members. o ORIGINAL 2. Public Agency shall participate in the Public Employees' Retirement System from and after August 1, 1944 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. EXCLUDE ALL FIREMEN EMPLOYED ON OR PRIOR TO JUNE 26, 1972 EXCEPT THOSE IN EMPLOYMENT ON CONTRACT DATE WHO WAIVED RIGHTS UNDER LOCAL SYSTEM; AND b. SCHOOL CROSSING GUARDS AND POLICE CADETS HIRED ON OR AFTER FEBRUARY 1, 1974. 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. Assets heretofore accumulated with respect to fire members under the Bakersfield Fire Department Disability and Retirement System who waived their rights under that system on June 26, 1972 have been transferred to the Public Employees' Retirement System and applied against the liability for prior service incurred thereunder. That portion of assets so transferred which represent the accumulated contributions (plus interest thereof gAK~c required of the employees under said local system have been credited t® the individual membership account of each such employee under tk~) 0 Public Employees' Retirement System. ORIGINAL 1 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after July 15, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after July 15, 2002 and not after December 20, 2008 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 9. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after December 20, 2008 shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). 10. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 11. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local safety members only. b. Section 21222.1 (One-Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. C. Section 21319 (One-Time 15% Increase for Local Miscellaneous Members Who Retired or Died Prior to July 1, 1971). Legislation repealed said Section effective January 1, 2002. d. Section 21325 (One-Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. e. Section 20042 (One-Year Final Compensation) for those local miscellaneous members entering membership on or prior to December 20, 2008 and local safety members. f. Section 20903 (Two Years Additional Service Credit). g. Section 21574 (Fourth Level of 1959 Survivor Benefits). o~~AKF9cr p f-- m h. Section 21024 (Military Service Credit as Public Service). o ORIGINAL i. Section 20475 (Different Level of Benefits). Section 21354.3 (3% @ 60 Full Formula) and Section 20042 (One-Year Final Compensation) are applicable to only those local miscellaneous members entering membership in the miscellaneous classification on or prior December 20, 208. Section 21354.5 (2.7% @ 55 Full Formula) and Section 20037 (Three-Year Final Compensation) are applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after December 20, 2008. j. Section 21548 (Pre-Retirement Option 2W Death Benefit) for local miscellaneous members only. 12. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer' for purposes of Section 20834 effective on January 1, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 13. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 14. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. Fn v p ORIGINAL 15. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 16. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of , BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF BAKERSFIELD BY BY LORI MCGARTLAND, C"tF PRESIDING OFFICER EMPLOYER SERVICESpbIVISION PUBLIC EMPLOYEES'. RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT ER# 0036 PERS-CON-702A (Rev. 10\05) AKF a ~ ~ m r v o ORIGINAL CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 1 hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary for the increase in retirement benefit(s) have been made public at a public meeting of the Co Uirl C~( I of the (governing body) ~i of lJak-e~s-Fi ~~c{ (public agency) on r a8 09 which is at least two weeks prior to the adoption of the date) Resolution / rdinance. A-4w~ 4 . mzlb& k1 Clerk/Secretary 0- ; L (me L Title Date o3 O(a log O~BAK4 PERS-CON-12A (rev. 1/96) ORIGINAL CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the C ~ CO U fl C_1 of the (governing body) C~c Of (public agency) on 0/ a1ori (dat Clerk/Secretary C; Title PERS-CON-12 (rev. 1/96) p~$AKe m v 0 ORIGINAL